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Court of Appeals · February 19, 2026 · 46 NY3d 40

People v Rios

Read the official decision: 46 NY3d 40

This record is held from search listings because it does not meet the site’s substance floor; the official text is linked below.

Holding The Lopez exception to the preservation requirement does not apply to a defendant’s postplea statements made at sentencing that challenge the factual basis of the plea. Consequently, a defendant must move to withdraw the plea or vacate the judgment of conviction to preserve a challenge to the plea’s voluntariness based on such sentencing remarks.

The court’s words

the exception does not apply to defendant's postplea statements made at sentencing

46 NY3d 40, at the official text

statements made at sentencing challenging the factual basis of a plea do not trigger the duty to inquire

46 NY3d 40, at the official text

defendant's postplea statements at sentencing challenging the factual basis of his plea did not trigger the Lopez exception

46 NY3d 40, at the official text
CourtCourt of Appeals
DecidedFebruary 19, 2026
Citation46 NY3d 40
Area of lawCriminal Procedure
WeekWeek ending February 21, 2026
Official textOfficial decision: 46 NY3d 40
Source feedNew York advance sheet: 26nyadv43.pdf
Law Watch record id1694

Recommended citation

ESQ HQ, New York Law Watch, People v Rios, 46 NY3d 40 (Court of Appeals, February 19, 2026), https://esqhq.com/decisions/46-ny3d-40/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published February 19, 2026. Updated November 14, 2026.